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Arab Times
5 days ago
- Politics
- Arab Times
Calls grow to overhaul Kuwait's family laws
KUWAIT CITY, July 16: In a serious call for reform of the legal system related to the family, participants in a symposium organized by the Kuwaiti Society for the Prevention of Family Disintegration under the slogan, 'Stable Families... Stable Society', agreed on the necessity of amending Personal Status Law No. 51/1984, along with the related laws, such as the Law on Protection from Domestic Violence, Child Rights Law and Family Court Law. The participants pointed out that the reality has revealed legislative shortcomings, which threaten the stability of Kuwaiti families. Ibrahim Al-Kandari called for the total abolition of the current Personal Status Law, arguing that it is inconsistent with the customs and traditions of Kuwaiti society. He said that those who drafted the law derived the majority of its provisions -- around 70 percent -- from the Hanafi school, not the Maliki school, as some have claimed. He cited the imposition of a 'breastfeeding fee' as one example, which is applied only in the Hanafi school. He added, 'The current law cannot achieve family stability, as it contains burdensome provisions for the husband and does not take into account the specificities of the Kuwaiti society. The provisions on visitation and custody of the divorced husband are incomplete because he is not allowed to spend time with his children at his residence. The legislator did not address the issue of children spending the night with the father, and limited visitation to visitation centers without taking into account the geographical and social reality in Kuwait.' He stated that the Court of Cassation once ruled that visitation aims to connect the child to his family and maintain kinship ties, but the practical application undermined this goal. He also confirmed the issuance of court rulings that revoked the custody of mothers who refused to allow fathers to see their children. He talked about a loophole in determining the age of custody, indicating that 'the law does not specify when custody ends. A girl's custody ends with marriage and consummation, and a boy's upon reaching puberty, without clarifying what happens after that. The result is that the father is exempted from alimony without having the right to reside with his children.' Moreover, Attorney Hawra Al- Habib asserted that current laws suffer from legislative shortcomings that do not keep pace with societal changes. She said the vision in practical application is severely flawed, which negatively affected the children. She clarified that the Family Court Law lacks regulation of 'children's overnight stays,' leaving a legislative vacuum that has been filled through some court rulings. She added that both parties in divorce cases face two major shortcomings: the man's right to see the children and the woman's right to alimony, without clear controls or unified criteria for rulings. She presented an important proposal -- mandatory pre-divorce courses for spouses, which include explaining their rights and the legal and social consequences of divorce that may contribute to preventing disputes. On the controversy surrounding the Child Protection Law, she stressed that the law does not encourage children to rebel against their parents, and that disciplinary beatings are not criminalized unless they reach the level of violence. Despite some shortcomings, she considers the law one of the best and most protective of children's rights. She also disclosed that the Child Center of the Lawyers Association submitted recommendations to the Legislative Committee formed by the justice minister, including amendments to the Personal Status Law, Domestic Violence Law, and Child Law. She called for the issuance of effective executive regulations that ensure the implementation of the provisions, particularly the protection of the family and children. She confirmed that the right to visitation is the right of the child first, before being the right of the father or mother, and that restricting this right to a few hours in visitation centers undermines the child's best interests. She attributed the impact of these practices to the increase of cases involving juveniles and psychological problems. Al-Seyassah/Arab Times Staff
Arab News
22-03-2025
- Politics
- Arab News
Why efforts to protect children from early marriage have faltered in the Middle East
LONDON: In a bid to protect the rights of children, Kuwait recently raised the minimum age of marriage to 18. However, the fight against child marriage across the Arab world remains an uphill battle, particularly in conflict-ridden regions. In mid-February, Kuwait amended its Personal Status Law No. 51/1984 and Jaafari Personal Status Law No. 124/2019, citing alarming rates of child marriage. In 2024 alone, 1,145 underage marriages were registered, including 1,079 girls and 66 boys. The move aligns with the Gulf state's international commitments, including the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women. Under the principles of both conventions and other international treaties, child marriage is widely recognized as a harmful practice, and a violation of human rights that only deepens gender inequality, particularly as it affects girls more than boys. 'Child marriage is a human rights violation,' Hadeel Qazzaz, Oxfam's Middle East North Africa regional gender coordinator, told Arab News. 'It impacts the life of the child.' She explained that child marriage denies girls the chance to pursue education or employment, strips them of decision-making power, and denies them both bodily autonomy and reproductive choice. 'It does not only impact the child's life but also the life of her family and her future children,' said Qazzaz. 'Girl brides are more likely to be subjected to different forms of gender-based violence and to be less engaged at the family, community, or society levels.' According to New York-based monitor Human Rights Watch, research shows that underage brides are at a higher risk of experiencing domestic violence, marital rape, and restricted access to reproductive healthcare and education. UN agencies say a staggering 70 percent of married girls aged 15 to 19 experience physical or other forms of violence at the hands of their husbands. Compounding the issue, complications from pregnancy and childbirth are the leading cause of death among adolescent girls aged 15 to 19 in developing countries. Girls aged 15 to 20 are twice as likely to die in childbirth as those in their 20s, while girls under 15 face a fivefold risk. Pregnancy and domestic responsibilities often prevent girls from ever returning to education, Human Rights Watch warned. This lack of education limits their choices and opportunities throughout their lives, often leading to poverty. The impact of child marriage extends beyond the individuals themselves, affecting the region's economy as well. A 2020 study by the International Monetary Fund found that eliminating child marriage could boost annual per capita gross domestic product growth in emerging and developing countries by 1.05 percentage points in the long term. Nevertheless, child marriage remains a scourge across the Middle East and North Africa, hitting war zones and post-conflict societies the hardest. The MENA region is home to 40 million child brides, with one in five marrying before the age of 18 and one in 25 before 15, according to the UN children's agency, UNICEF. In recent years, girls have been married off at a rate of around 700,000 per year. 'These are alarming figures that can increase with fragility, conflicts, and natural disasters,' said Oxfam's Qazzaz. The five countries with the highest child marriage rates in the region are Yemen at 30 percent, Iraq at 28 percent, Iran at 17 percent, Egypt at 16 percent, and Morocco at 14 percent. According to the UN Economic and Social Commission for Western Asia, the lack of legal protections, the impact of societal norms, poverty, and deep-rooted gender inequality are the key drivers of child marriage in the Arab world. Many countries in the region have set the minimum age of marriage at 18, with some allowing exceptions based on judicial or parental consent. But even where minimum-age laws exist, exceptions often undermine their effectiveness. In Iraq, for example, the problem is expected to worsen after authorities passed amendments to the personal status law in January, which indirectly legalize the marriage of girls as young as 9, sparking condemnation both domestically and abroad. Although Iraqi law sets 18 as the minimum age of marriage, the amendments give Islamic courts greater authority to decide. Clerics could interpret Islamic law to allow such marriages under the Jaafari school followed by many religious authorities in Iraq. Equality Now, a global feminist advocacy organization, warned that the amendments risk exacerbating existing gaps in Iraq's 1959 Personal Status Law. The group said the shift would create a fragmented legal system, with protections for children and women varying significantly across communities. According to UNICEF, child marriage rates in Iraq vary widely by region, with Missan (43.5 percent), Najaf (37.2 percent), and Karbala (36.8 percent) reporting the highest rates. 'Fragmentation of laws creates loopholes that undermine the welfare of the most vulnerable, particularly girls, and weakens the state's ability to uphold international human rights commitments,' Dima Dabbous, Equality Now's MENA representative, said in a statement. Conflict and displacement across parts of the MENA region, including Syria, Yemen, Lebanon, Sudan, and the Palestinian territories, worsen inequalities that make girls vulnerable to child marriage and its consequences. Oxfam's Qazzaz pointed out that conflict is 'one of the main reasons' for the rising rates across MENA countries. 'In the Gaza Strip, where child marriage was less common, there is now a noticeable increase in the number of marriages,' she said. 'The reasons vary from fear for the safety of the girl to scarcity of resources that force families to marry their daughters to others who can provide for them.' Since the Oct. 7, 2023, Hamas-led attack on southern Israel, Gaza has been under intense Israeli bombardment and a strict blockade of humanitarian aid and consumer goods. After 16 months of war, Gaza's population — 90 percent of whom have been displaced — are now fully reliant on what limited aid can get through. While the January ceasefire has improved conditions in the embattled enclave, Israel's recent decision to again suspend the entry of assistance threatens to reverse progress, aid agencies warn. The situation for girls is similarly dire in Yemen — a hotspot for child marriage, where there is no legal minimum marriage age. The ongoing civil war, which began in 2014, has stalled efforts to establish one. According to UN figures, the war has displaced more than 4.5 million people, and 21.6 million are in urgent need of humanitarian assistance. The economic strain of displacement and conflict, coupled with pre-existing cultural norms favoring early marriage, has significantly increased underage marriages. 'In the MENA region, it's not just conflicts that impact child marriage — economic and natural disasters, as well as the rise in conservatism and the regression of women's rights, also play a role,' Qazzaz said. Owing to the rise in conservatism and geopolitical tensions, 'the achievements women's rights organizations have gained through years of activism are at risk of being reversed,' she added. Sudan, for instance, already saw high rates of child marriage and female genital mutilation even before the civil war erupted in April 2023. Despite efforts to curb these harmful practices, 21 percent of girls aged 15 to 19 were already married before the war began, according to UNICEF. The ongoing hostilities, mass displacement, worsening economic conditions, and declining education threaten to deepen the crisis facing women and girls. Since fighting erupted between rival factions of Sudan's military government, more than 12.5 million people have been displaced, either within the country or to neighboring countries including Egypt and Ethiopia. Similarly, in Syria, 13 percent of women aged 20 to 25 were married as minors before the 2011 conflict broke out, according to a report by the Norwegian Refugee Council. However, more than a decade of war and displacement has significantly increased the rate of child marriage. Today, an estimated 41 percent of Syrian girls are married before the age of 18. 'Traditions, honor, economics, fear, and protection-related factors act as drivers of child marriage of refugees in Jordan and Lebanon,' said Qazzaz. Around 6.2 million Syrian refugees live in neighboring countries, including Turkiye, Lebanon, Jordan, and Iraq, where most endure harsh living conditions, leading to a rise in child marriage as a coping mechanism. In Jordan's Zaatari camp, home to 80,000 Syrian refugees, girls as young as 13 are reportedly married to much older men. In Lebanon, 18 percent of adolescent Syrian refugee girls were married in 2014, according to UN figures. National governments and international aid agencies are nonetheless working to improve the circumstances of women and girls and to protect them from early marriage. Oxfam, for instance, is a global partner of the Girls Not Brides campaign. 'Most of our feminist and women rights partners work on child marriage as a major form of gender-based violence and seek to raise the age of marriage to 18,' Qazzaz said. 'They document and challenge social and legal practices that allow for child marriage.' Oxfam's efforts in Yemen, in particular, have led to significant progress in raising awareness and influencing policy. Through Oxfam's work on sexual and reproductive health and rights, Qazzaz added: 'We built youth networks in six countries to advocate for their rights and lead awareness campaigns, including the right to choose when and whom to marry.'
Daily Tribune
15-02-2025
- Politics
- Daily Tribune
Kuwait Raises Minimum Marriage Age to 18 to Protect Children's Rights and Strengthen Family Stability
Email : Kuwait has officially raised the minimum age for marriage to 18, following a series of legislative amendments aimed at protecting children's rights and ensuring greater family stability, announced Minister of Justice Nasser Al Sumait. The government has finalized changes to Article 26 of Personal Status Law No. 51/1984 and Article 15 of Jaafari Personal Status Law No. 124/2019, making it illegal for any marriage to take place before the age of 18. This significant move aligns with Kuwait's international obligations under key conventions, including the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women. In his announcement, Al Sumait highlighted alarming statistics on child marriage in the country. A total of 1,145 underage marriages were registered in 2024, with 1,079 involving girls and 66 involving boys. The minister emphasized that this legal reform is consistent with Kuwait's constitutional commitment to protecting families and children. Article 9 of the Constitution designates the family as "the foundation of society" and mandates the state's protection of motherhood and childhood, while Article 10 reinforces the government's duty to prevent the exploitation and neglect of minors. Al Sumait explained that raising the marriage age is a crucial step in safeguarding young people, reducing divorce rates, and promoting overall family stability. Research also indicates that divorce rates among minors are twice as high as those among adults, further highlighting the need for this legislative change to ensure that individuals reach emotional and social maturity before entering marriage. This reform marks a significant shift in Kuwait's approach to child protection and family well-being, underscoring the government's commitment to upholding human rights and promoting a stronger, healthier society.
Arab Times
13-02-2025
- Politics
- Arab Times
Kuwait raises marriage age to 18
KUWAIT CITY, Feb 13: In a crucial legislative step aimed at ensuring family stability and protection of children's rights, Minister of Justice Nasser Al-Sumait revealed that the government has completed the amendment of Article 26 of Personal Status Law No. 51/1984 and Article 15 of Jaafari Personal Status Law No. 124/2019 to increase the minimum age of marriage to 18 years old. Al-Sumait told the newspaper that these amendments are in line with Kuwait's international obligations, especially the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women. He cited statistics confirming the registration of 1,145 underage marriages in 2024 -- 1,079 girls and 66 boys. It also showed that the rate of divorce among minors is double that of adults. He pointed out this confirms the importance of raising the marriage age to ensure that spouses reach a certain level of emotional and social maturity to enable them to bear the responsibilities of married life and contribute to building a stable and sustainable family. He disclosed that the amendments are based on the constitutional principles on the role of the State in protecting the family and childhood. He said Article Nine of the Constitution states that 'the family is the foundation of society; while its foundations are religion, morality and love of the homeland. The law preserves its entity, strengthens its bonds, and protects motherhood and childhood.' He explained: Article 10 of the Constitution emphasizes the State's role in caring for the young; as it stipulates that 'the State cares for the young and protects them from exploitation, moral, physical and spiritual neglect.' He said this legislative approach is in line with the Constitution; which puts the protection of the family, childhood and young people at the heart of the State's responsibilities, while underscoring the need to provide a safe and stable environment for future generations. 'The amendment of the two articles reflects Kuwait's commitment to international standards that affirm the children's right to be protected from early marriage,' he asserted. He added, 'this decision is expected to contribute to enhancing the stability of the Kuwaiti family, reducing divorce rates and supporting social development; thus, achieving Kuwait's vision of building a cohesive society, which protects the rights of its members and guarantees a decent life for them.'
